Rules and Governing Law. Mandatory Pre-
Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in e"ect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at xxxx://xxx.xxx.xxx or by calling the AAA at 0-000-000-0000). The Federal Arbitration act will govern the interpretation of this section. Unless you and The Summer Art Academy agree otherwise, the arbitration will be conducted in Los Angeles, California. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and The Summer Art Academy submit to the arbitrator, unless you request a hearing and the arbitrator then determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by AAA Rules. Subject to AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. BINDING EFFECT This Agreement shall be binding upon the heirs, personal representatives, administrators, executors, and assigns of each of the parties. PARTIAL INVALIDITY It is expressly understood and agreed by the parties that should any paragraph or any provision or portion of this agreement be held invalid, illegal, or void, then and in such event, any paragraph, provision, or portion so held to be invalid, illegal, or void shall be deleted from this agreement, and this agreement shall be read as though such invalid, illegal, or void paragraph, provision, or portion was never included herein, and the remainder of such agreement excluding such invalid, illegal, or void paragraph, provision, or portion shall nevertheless subsist and continue with force and e"ect. IT IS UNDERSTOOD THAT THIS CONTRACT CONSTITUTES THE FULL UNDERSTANDING of the parties hereto and no change, modification or waiver of any of the terms shall be e"ective unless in writing and signed by both parties.
Rules and Governing Law. Arbitration shall be administered by the American Arbitration Asso- ciation (referred to as the “AAA”). The AAA will apply the Commercial Arbitration Rules, except as modified in this Arbitration Agreement, to the arbitration of any Dispute, unless you are an individual and the Dis- pute concerns a transaction intended for personal, household or fam- ily purposes, in which case the Consumer Arbitration Rules (except as modified in this Arbitration Agreement) will apply. The AAA’s rules are available at xxx.xxx.xxx. Notwithstanding subjection (l) concerning substantive law, you and OFX each agree that this Arbitration Agree- ment evidences a transaction in interstate commerce and thus the Federal Arbitration Act (9 U.S.C. §§1-16) will govern the interpretation and enforcement of this Arbitration Agreement.
Rules and Governing Law. Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures: You and we agree that good-faith, informal efforts to resolve disputes often can result in a prompt, cost-effective and mutually beneficial outcome. Therefore, in the event of a Dispute, you and Budge Studios each agree to send the other party a written notice of dispute (“Notice of Dispute” or “Notice”). A Notice of Dispute from you to Budge Studios must be emailed to xxxxx@xxxxxxxxxxxx.xx (“Notice Address”). Any Notice of Dispute must include (i) the claimant’s full legal name, complete mailing address, and email address; (ii) a description of the nature and basis of the claim or dispute; (iii) any relevant facts regarding claimant’s use of the Services, including whether claimant receives any emails associated with the Services, whether claimant has made a purchase from Budge Studios, and if so, the date(s) of the purchase(s); and (iv) a personally signed statement from the claimant (and not their counsel) verifying the accuracy of the contents of the Notice. The Notice must be individualized, meaning it can concern only your dispute and no other person’s dispute. Budge Studios will send any Notice of Dispute to you at the email address or mailing address it has for you, if any. After receipt of a Notice of Dispute, the parties shall engage in a good faith effort to resolve the Dispute for a period of 60 days (which can be extended by agreement). You and we agree that, after receipt of the Notice of Dispute, the recipient may request an individualized telephone or video settlement conference (which can be held after the 60-day period) and both parties will attend (with counsel, if represented). You and we agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually-convenient time and to seek to reach a resolution. Compliance with this Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures section is a condition precedent to initiating arbitration. Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution procedures set forth in this subsection. All of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures are essential so that you and Budge Studios have a meaningful opportunity to resolve disputes informally. If any aspect of these requirements has n...
Rules and Governing Law. The Parties agree that the arbitration shall be conducted by a single neutral arbitrator through JAMS in accordance with JAMS Employment Arbitration Rules and Procedures (available at wxx.xxxxxxx.xxx/xxxxx-xxxxxxxxxx-xxxxxxxxxxx or contact the Company’s Corporate Secretary for a copy). To initiate an arbitration, you or the Company must submit a demand for arbitration to JAMS. Unless you and the Company otherwise agree, the arbitration will be conducted in the county in which you reside. Except as to the Class Waiver, the arbitrator shall determine arbitrability, including disputes about the formation, scope, applicability, enforceability or validity of the Agreement. However, only a court of competent jurisdiction, and not an arbitrator, shall have the exclusive authority to resolve any and all disputes arising out of or relating to the Class Waiver, including, but not limited to, any Claim that all or part of the Class Waiver is unenforceable, unconscionable, illegal, void, or voidable. The arbitrator shall apply the applicable substantive law in deciding the Claims at issue. Claims will be governed by their applicable statute of limitations and failure to demand arbitration within the prescribed time period shall bar the Claims as provided by law. The Parties understand and agree that the decision or award of the arbitrator shall be final and binding upon the Parties. The Parties understand and agree that the arbitration of Claims subject to this Agreement shall be instead of a trial before a court or jury. The Parties further understand and agree that, by entering into this Agreement, they are expressly waiving any and all rights to a trial before a court or jury regarding any Claims that they now have or which they may have in the future that are subject to arbitration under this Agreement. This Agreement’s enforceability and interpretation is governed by the Federal Arbitration Act (“FAA”). It is the intent of the Parties to be bound by the provisions of the FAA for all purposes, including, but not limited to, interpretation, implementation, enforcement, and administration of this Agreement, and that the FAA and the applicable arbitration provider’s rules shall preempt all state laws to the fullest extent permitted by law. Notwithstanding the preceding paragraph of this Agreement, any Claim arising out of or relating to your employment or relationship with the Company, whether before or after the date you agreed to this Agreement, shall be governed b...
Rules and Governing Law. The arbitration will be administered by JAMS in accordance with the JAMS Comprehensive Rules and Procedures (the “JAMS Rules”) then in effect, except as modified by this Arbitration Agreement. The JAMS Rules are available at xxxxx://xxx.xxxxxxx.xxx/rules-comprehensive-arbitration/ or you may call JAMS at 0-000-000-0000. Notwithstanding any choice of law or other provision in the Agreement, the parties agree and acknowledge that this Arbitration Provision evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and JAMS Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and JAMS Rules are found to not apply to any issue that arises under this Arbitration Provision or the enforcement thereof, then that issue shall be resolved under the laws of the state designated in section 19(e) below.
Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at xxx.xxx.xxx or by calling the AAA at 0-000-000-0000. The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms and Conditions are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. Notwithstanding any choice of law or other provision in the Terms and Conditions, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Florida. Process A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at xxx.xxx.xxx or by calling the AAA at 1-800- 778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of Florida and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
Rules and Governing Law. The arbitrators shall determine what rules shall be applicable to those aspects of the proceedings as to which the Rules may be silent and shall conduct the arbitration proceedings in accordance with such procedural rules as they may establish. In deciding the merits of the Dispute the arbitrators shall first apply the provisions of this Agreement and then, if necessary, the laws of Mexico D.F., Mexico (if the arbitration takes place in Mexico City, Mexico as provided for in Section 15.05) or the laws of the State of Connecticut, U.S.A. (if the arbitration takes place in Waterbury, Connecticut, U.S.A. as provided for in Section 15.05).
